Unscrupulous employers and recruiters are currently gaming the employment-based visa system. In a recently released groundbreaking study, CDM uncovered significant fraud in recruitment practices. The recruitment system needs to be made more transparent so that the public and workers can identify the bad actors and fraudulent recruiters. Data should be gathered to monitor international labor recruitment and should be publicly available. More data should be provided on how many U and T visas are issued to migrant workers due to labor and employment-based complaints.
WHAT THE SENATE BILL WOULD DO: The Senate Bill would require the Department of Homeland Security to create a public registry of foreign labor contractors containing information about the employers, visas, and locations for which they contract workers, as well as a list of foreign labor contractors whose certification has been revoked. All foreign labor contractors besides employers would be required to register and receive a revocable certification from DHS. Employers would be required to notify DHS of the foreign labor contractors they use. The Secretary would require foreign labor contractors to post a bond to ensure both the fulfillment of the contractor’s responsibilities and the wages of the workers.
The Bill would also improve transparency by requiring the Secretary of State to maintain information related to the identities of foreign labor contractors and the employers to whom the foreign labor contractors supply workers. This information would be made available on-line, including on the websites of U.S. embassies in the official language of that country. The Secretary of State is also charged with annually disclosing data in an on-line, public format regarding the gender, country of origin and state, date of birth, wage, level of training and occupation category, disaggregated by job and by visa category of visas processed.